Federal High Court sitting in Abuja on Friday , ruled that the Nigerian Senate acted beyond its powers by suspending Senator Natasha Akpoti-Uduaghan for six months, ordering her immediate recall to the senate.
Delivering her judgement, Justice Binta Nyako , described the duration of the suspension as “excessive” and without a clear legal foundation.
The court said both Chapter 8 of the Senate Standing Orders and Section 14 of the Legislative Houses (Powers and Privileges) Act, which the upper chamber relied upon, do not stipulate a maximum suspension period. As such, they were deemed overreaching in the case.
The judge pointed out that since the National Assembly is only required to sit for 181 days in a legislative year, suspending a lawmaker for roughly that same length of time effectively silences the voice of an entire constituency—a move she described as unconstitutional.
Nyoku ruled that while the Senate has the authority to discipline its members, such sanctions must not go so far as to deny constituents their right to representation,”
The court sided with Senate President, Godswill Akpabio, on a separate issue, stating that his refusal to allow Akpoti-Uduaghan to speak during a plenary—on the grounds that she was not seated in her designated chair—did not amount to a violation of her rights.
Nyako also dismissed Akpabio’s argument that the judiciary had no business interfering in what he called an “internal affair” of the legislature, stating that fundamental rights and representation are matters squarely
The judge found Natasha to have violated an order of the court made on April 4 restraining parties from commenting on the subject of the pending suit.
She held that by posting a satirical letter on her Facebook page on April 27 while the April 4 order subsisted, Natasha was in contempt of court.
Justice Nyanko said that since Natasha is found guilty of contempt in a civil case, thereby making it a civil contempt, she would not be sent to prison but made to pay a fine and offer public apology to the court.
The judge ordered Natasha to pay N5 million to the coffers of the Federal Government and publish public apology in two national dailies and her Facebook page within seven days.